Can a judge decide that two people should not be divorced and deny?
It depends on the local laws, but yes. As advised by my lawyer, a judge can say no, based on there being not enough evidence. This is applicable in Scotland if you are seeking a divorce on the grounds of adultery or unreasonable behaviour. If there is not enough evidence the judge will write back and ask for more supporting evidence. For example, if you are claiming adultery and you have one affidavit from one witness saying they saw your husband at a crossroads near a residential area he doesn't have any reason to be in, then that's not enough. It doesn't prove that he was cheating. It doesn't even provide a strong case for it. So the judge might ask for more evidence to support your claims. If you cannot provide more evidence then yes, he will reject the petition. But that's not to say you cannot get divorced, only that you cannot proceed with that way of getting divorced. You can always wait the year and divorce with consent from both parties after separation. Or you can wait 2 years after separation with the consent of only one party. You will need evidence for the date of separation, such as a new lease in your name only or an affidavit from a parent who you went to live with. Then the judge will accept it. In short, a judge can decide not to grant a divorce due to not enough evidence being submitted.